URAP038A – Utah Court Rules – Published for Comment

Posted: August 20, 2025

Rules of Appellate Procedure – Comment Period Closed October 6, 2025

URAP011. The record on appeal. Amend. The Committee proposes amending Rule 11 to remove paragraphs (d) and (e). Parties do not use paragraph (d) and paragraph (e) creates a difficult procedure with a short deadline for appellees served with an appellant’s prepared statement or recollection.

URAP038A. Withdrawal of counsel. Amend. The Committee proposes amending Rule 38A to: 1) add that an attorney may not withdraw from a case if there is a motion pending in the appellate court; and 2) clean up language for clarity and consistency.

URAP55A. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. New. The Committee proposes the creation of Rule 55A to add a procedure for filing a motion to remand for ineffective assistance of counsel claims in child welfare cases.

Posted: March 31, 2015

Rules of Appellate Procedure

URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.

Posted: August 3, 2011

Rules of Appellate Procedure

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Repeal. The committee proposes a repeal of rule 23B. The proposal is based on recommendations from both prosecutors and defense counsel. Rule 23B proceedings require significant resources and yet very few proceedings result in a decision being reversed. Repeal of the rule will not prohibit attorneys from raising ineffective assistance claims on appeal or on collateral attack.
URAP 029. Oral argument. Amend. Permits the court to deny oral argument if the appeal is inadequately briefed. If the appeal is inadequately briefed, the court may choose to resolve the appeal on that basis and oral argument would serve no purpose.
URAP 038A. Withdrawal of counsel. Amend. Places the burden on opposing counsel to file the notice to appoint or appear when an attorney withdraws from a case. This will make the practice similar to the practice in trial courts.